Legal Opinion

France v. Evans

Supreme Court of Missouri

Decided October 15, 1886PublishedCited by 5 opinions

Appeal from, Worth Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The court below erred in rejecting the judgment recovered by the plaintiffs, France & Hunter, against Isaac W. Salisbury, when offered in evidence by them as the foundation of the garnishment proceedings.

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Appeal from, Worth Circuit Court. — Hon. O. H. S. Goodman, Judge. (1) The court below erred in rejecting the judgment recovered by the plaintiffs, France & Hunter, against Isaac W. Salisbury, when offered in evidence by them as the foundation of the garnishment proceedings. (a) Because the return, “legally served by H. K. Linger, deputy constable, by leaving a copy of the same at the defendant’s residence with a member of defendant’s family above the age of fifteen years,” was a good return and showed with certainty to a common intent that it had been served the length of time required by the…

1Opinion of the Court

Norton, J. —

This is a proceeding by garnishment. An execution was issued by a justice of the peace on a judgment by default in favor of plaintiffs against Isaac W. Salisbury, and placed in the hands of a constable who summoned the defendant, Emma Evans, and her husband as garnishees. They appeared and filed answer on which an issue was made, on the trial of which in the circuit court, where it had been taken by appeal, plaintiff offered in evidence the justice’s record and docket entry of the judgment recovered by plaintiffs against said Salisbury, and upon which the garnishment proceedings…

2Cases cited4 opinions

  1. State v. MetzgerSupreme Court of Missouri · 1857
  2. Howard v. ClarkSupreme Court of Missouri · 1869
  3. Sanders v. RainsSupreme Court of Missouri · 1847
  4. Williams v. BowerSupreme Court of Missouri · 1858

3Cited by5 opinions

  1. Leonard v. SparksSupreme Court of Missouri · 1893
  2. Marx v. HartSupreme Court of Missouri · 1902
  3. Chicago Herald Co. v. BryanSupreme Court of Missouri · 1906
  4. J. Abeles & Co. v. N. Friedberg & Co.Missouri Court of Appeals · 1900
  5. Leonard v. SparksMissouri Court of Appeals · 1890

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